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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • occysrazor
      Evri lost my Ebay parcel £844 - court claim issued ***Judgment***

      By occysrazor · Posted

      Thank you everyone!  thought to share some points from my experience in court today that may help others who are taking Evri to court: The judge sets out how the hearing will go and how each party should behave; while i was certainly feeling anxious/nervous ahead of the hearing (and I'm sure @jk2054 may have also observed this), the judge really does try to put any non-legal persons at ease; refrain from talking to the other party and instead speak to the judge if you have any questions/responses; the judge and the advocate spoke about tort of negligence - i wasn't sure how this applied to my case but the judge was questionning the advocate about this so i chose to stay out of this; the judge made reference to a historical case of Donaghue v Stevenson which established a duty of care; the judge observed that some of the points in Evri's witness statement by george wood needed cross examination but george was not present today for questionning; While i was claiming 8% interest, the judge pointed out that is the upper limit and that today, savings accounts give 4-5%. I therefore opted for 5% interest which was agreed to by the judge and the advocate; above all else, ensure you know your court bundle and have any notes to help you refer to specific sections - it helped me to structure my answers to the judge/defendant's queries, and point to specific evidence where i was asked to prove e.g., the value of the item. @honeybee13 - yes, will confirm when payment is received. I have emailed the Evri.claims email with my bank details and also provided them after the hearing to the advocate. @BankFodder message received and i am replying to it
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      By dx100uk · Posted

      Looks promising then.  Well done   Dx
    • JustAnOldGal
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      By JustAnOldGal · Posted

      So a little update.  I sent a complaint to ico and have heard nothing. I just got the general reply email and that's it.  Sat twiddling my thumbs and thought about what I should do next. I searched for the CEO of Studio but then found that he'd left so as keep getting letters from studio about the arrears etc. I thought I'd email the David Twigg. Sent him all the bumpft and a copy of my original complaint and sars request.  Got no response. So didn't know what else to do. Then I thought I'd try through the financial difficulties option on the online form. One last try before I just give up and let them default me.  Then on the 5th June. I got an email from their customer services. That the items that had gone AWOL have all been cancelled. Nothing else on that email, so I had a look in an email account that I don't use anymore and there was an email from the customer service.  That they were sorry for the problems I've had for the last 9 months. That the sars info was emailed to me on 14/04, it wasn't I've kept all spam and deleted emails on that account, they have raised a complaint with their studio pay team regarding the issues, balance dispute, fee's and my credit file. They are hoping to resolve in 3 days but they have upto 56. They also said in regards to my other issues I have to raise a complaint with studio retail but haven't told me how I do that.  The sars info only goes upto the end of December 2023. It has my previous complaints on there but nothing after so I don't know how I get hold of that information. Luckily I've kept copies of every time I've contacted them. Every web chat or social media contact.  Apologies for the extremely long post but I wanted to add everything I could just incase.  I have checked my account balance and it's still minus 900 odd pounds but I'll keep checking to see if it's all cleared and on my credit file.  I'm hoping this is the end of the whole debacle and they close my account because I never want to do this again. Although it's been a learning experience.  Thanks to dx100uk for pointing me in the right direction. Much appreciated.   
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      Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
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      MET/DCB(L) windscreen PCN PAPLOC Now Claimform - electric bay abuse - ASDA Arla Old Dairy South Ruislip ***Claim Discontinued***

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Hillesden Secs/Direct legal and collections

pj41

By pj41
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pj41

pj41

Posted
Posted

Thanks for that. I am sure there is small print. What i was after was if someone buys a debt at say 10% of its original value surely the first creditor has written off the rest, so how can the original amount still be owed to the second party?

 

Paul

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pj41

pj41

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These are a debt collection company who have purchased a debt off a City Bank credit card.

 

The have issued a County Court claim against me for just over £5k including costs.

 

As they have purchased this debt and people recon @12% max in the debt collection threads. Surely they must only be able to recover thier cost to buy the debt and not what I owed City Bank before they sold it on.

 

Can anyone offer any advice on the legalities of this?

 

 

Thanks

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silverbird_9t9

silverbird_9t9

Posted
Posted

Hi pj41,

 

My understanding is that a company that buys debts will buy in bulk. They may pay only 12% of the total outstanding but many of them are not recoverable (debtor has gone bankrupt or died perhaps). As for collecting more than they paid, their purpose is to make a profit otherwise why bother? :mad:

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pj41

pj41

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Hi Silverbird9t9,

 

Well I have responded to the court and have 28 days to file a defence.

 

I've written to these people with a dpa and a request for true copy contract etc under the cosumer credit act.

 

If i dont do anything I loose!!!

 

I recon that based on what you say I will go for a counter claim for extorsion.

 

I aint payin debt for a dead bloke (Person).

 

Cheers

 

Pj41

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silverbird_9t9

silverbird_9t9

Posted
Posted

Hi pj41,

 

Sorry, I don't think I explained myself very well. It's not that you are paying someone else's debt. It is more a case of the DCA company gambling on being able to collect more than they paid for the debt and therefore making a profit. I don't know what the legal implications are so please take further advice before you use this in your defence.

 

Good luck

 

Sharon

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alanfromderby

alanfromderby

Posted
Posted
Hi Silverbird9t9,

 

Well I have responded to the court and have 28 days to file a defence.

 

I've written to these people with a dpa and a request for true copy contract etc under the cosumer credit act.

 

If i dont do anything I loose!!!

 

I recon that based on what you say I will go for a counter claim for extorsion.

 

I aint payin debt for a dead bloke (Person).

 

Cheers

 

Pj41

 

The debt collection agency are entitled to seek enforcement of the full debt - providing that they have all the correct paperwork. The price they paid for the debt has no bearing on the case - and they do not have to reveal it.

 

If the debt is not statute barred - which I presume will be the case as you have not indicated that it is an old debt, then your best option is to see if they have the correct paperwork.

 

As you have sent a Consumer Credit Act request then they should provide a copy of the original agreement within 12 days. If they don't then that is point 1 of your defence.

 

If you are aware of any unlawful charges in the original debt, then you would be able to defend part, or all of the claim on that basis.

 

If all else fails, it is vital you attend court, as they almost certainly will not - the judge is then likely to agree to a very small repayment plan. Maybe as low as £1 - £5 per month, depending on your income/expenditure.

 

Of course if they fail to provide a copy of the original agreement - then the court will throw out the action anyway, and the debt will be unenforceable.

 

 

 

 

 

 

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pj41

pj41

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Hi Sharon,

 

No worries i've sent it off now anyway.

 

Just doing battle with GE Money at the moment. (they are in chaos!!!) its great

 

 

Paul

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  • 2 weeks later...
pj41

pj41

Posted
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These Jokers took until th 31st to cash my cheque.

 

Anyone know when the 12 working days start from ??

 

12 days is a long time lol.

 

 

Thanks

 

Paul

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pj41

pj41

Posted
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Hi Alanfromderby,

 

This might sound like a stupid question but, where do I lodge a default? Hillesden securities (a DCA) have not responded to my Consumer Credit request (recieved 25th May) although they cashed my cheque on the 30th May, now 14th June

 

I have a hearing coming up in approx two weeks do I just go to court and say Your Honour there's a copy of my letter to them, they cashed my cheque see copy bank statement, what debt?

 

Any advice would be greatly appreciated.

 

 

Thanks

 

 

Paul

 

 

MOD NOTE: MOVED TO ORIGINAL THREAD

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  • 2 weeks later...
pj41

pj41

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Hi Alanfromderby,

 

Sorry for the delay in replying to you.

 

My defence was. I have done a CCA and a DPA.

 

No responce from hillesdens letter back from the court that it will be stayed after 28days if not heard from Hillesdens.

 

I rang the court last Friday. No responce from Hillesdens been stayed.

 

 

Cheers Paul

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pj41

pj41

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Hi Alan,

 

According to the chap I spoke to he suggested that they have up to six months to apply for the stay to be lifted and could start procedings again if they want to. He suggested I call every two weeks to see if there have been any developments.

 

You know something I don't ? LOL

 

 

Cheers

 

 

Paul

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alanfromderby

alanfromderby

Posted
Posted

That is an excellent result then.

 

It looks like the Judge has seen that the paperwork is not in order, and they have been told that they must get it sorted before the case can go ahead. I would also expect that they will have to provide the documents, and an explanation to the judge, before the case can continue.

 

 

 

 

 

 

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pj41

pj41

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Hi Alan,

 

If i have understood all the valuable info' on this site, Hillesdens have defaulted and commited an offence. What do I do with that fact?

 

I would like to hold a "trump card" as I am fairly sure that, in time, they will be able to produce the correct documents.

 

I recon that in the meantime I will let sleeping dogs lie and wait and see.

 

Thanks again

 

 

Paul

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alanfromderby

alanfromderby

Posted
Posted

Unfortunately the trump card is being held for you by Trading Standards. They are the ones who could take forward any prosecution. I would agree that your best option now is to just let this matter die - I will be very surprised if they can be bothered.

 

However, if they do try to resurrect it at any stage, then TS is your route.

 

 

 

 

 

 

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  • 1 year later...
Sea Gull

Sea Gull

Posted
Posted

Hi there First posting after meeting the lovely peeps at DLC

just had my first telephone convo with them, asking for higher payments or they will go for charges on the house, can they do this if there is no default and have paid regulary - any info gratefully recieved

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  • 7 months later...
loops1980

loops1980

Posted
Posted

Are you sure you have not defaulted? What type of debt/account is it? DLC would not of taken the account over if you orignally didn't miss payments with the creditor.

I can only assume you had a set payment plan agreed with DLC, if this is the case, then yes you have defaulted, because you defaulted the orignal repayments with the creditor.

If this is the case, then yes there is nothing stopping them going ahead with a charging order

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2Grumpy

2Grumpy

Posted
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Are you sure you have not defaulted? What type of debt/account is it? DLC would not of taken the account over if you orignally didn't miss payments with the creditor.

I can only assume you had a set payment plan agreed with DLC, if this is the case, then yes you have defaulted, because you defaulted the orignal repayments with the creditor.

If this is the case, then yes there is nothing stopping them going ahead with a charging order

 

Nothing stopping them apart from them getting a CCJ and then not keeping up with the payments ordered by the court!

 

If you have made an arrangement with the creditor and you are keeping to it, it would be very difficult for the DCA to do anything apart from make threats.

 

It's unlikely that they would repeat their threats in writing. They will be trying to scare you into making higher payments.

 

Start your own thread (best in the debt collection forum) to get some advice on how to deal with this

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loops1980

loops1980

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Nothing stopping them apart from them getting a CCJ and then not keeping up with the payments ordered by the court!

 

If you have made an arrangement with the creditor and you are keeping to it, it would be very difficult for the DCA to do anything apart from make threats.

 

It's unlikely that they would repeat their threats in writing. They will be trying to scare you into making higher payments.

 

I realised how old it was after posting too!

 

As an ex DCA member of staff - I can tell you now by law the DCA doesn't have to except any amount of payment apart from the balance clearing in full (even if you are with a third party debt advisor company) - especially if they own the property, if we thought the payment amount was unrealistic, then there was nothing stopping them from trying to obtain a CCJ and yes the courts can put an order for the debtor to pay a set a amount each month, the DCA can then apply for a variation for it to be changed to forthwith and given permission to 'apply' for a charging order and many times they are successful in doing so.

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